Introduction of Advisory Board

The Advisory Board is one of the departments under the Prime Minister’s Department. YB Datuk Liew Vui Keong, Minister in the Prime Minister’s Department who is in charge of the legal portfolio is currentyl responsible towards the Advisory Board. Prime Minister’s Department is a body that just manages the administrative and financial terms of the Advisory Board, while the Advisory Board is to answer directly to His Majesty the Yang di-Pertuan Agong.

Part XI of the Federal Constitution (Articcles 149-151) provides for special powers against subversion, organized violence, and acts and crimes prejudicial to the public and emergency powers.

Under Clause (1) Article 149, Parliament has power to enact the Act to provide for the security of Malaysia, preventive detention, against subversion, action prejudicial to public order and eliminate violence against persons and property in Malaysia. Two Act enacted under this provision is Dangerous Drugs (Special Preventive Measures) Act 1985 (hereinafter referred to as LLPK).

Objective of Advisory Board

Considering the representations / appeals of detainees detained under the OD-KAMJ and LLPK and make recommendations to the Yang di-Pertuan Agong within three months of receiving the representations / appeals from detainees or the longer period authorized by His Majesty the Yang di-Pertuan Agong.

Revising the detention order cases, extension of detention order cases, suspension of the detention order cases, suspension of the extension of detention order cases, restriction order and extension of restriction order cases once in every 6 months for the detentions and restrictions under the ISA. In the case of LLPK, revision is made not earlier than 12 months from the date of detention / restrictions orders and not later than three months before the expiration of the period of detention / restrictions orders. In the case of OD-KAMJ revision is made from time to time at the discretion of the Chairman or at the direction of the Minister.

Submitting a written report to His Majesty the Yang di-Pertuan Agong which contains recommendations for each case of the representations / appeals.

Submitting a written report to the Minister of Home Affairs which contains recommendations for each case reviewed.